Legislative Updates 2004

Hi all! The Senate passed a budget this week and luckily it did not include any Heritage Fund raid. It has been awhile since we saw a budget come out of either house that did not include a hit to that fund. The Senate budget does not include funding for the Arizona Water Protection Fund and does not fully fund the Water Quality Assurance Revolving Fund program, but considering how bad it has been in the past, this budget does not look too bad. We will continue to monitor it for any additional fund diversions. The cities are in a bit of a snit over the authorization to allow the Arizona Department of Environmental Quality to implement fees for the pollutant discharge elimination system permits, but they should have known that was coming. How else was the Department going to implement the program? Once they got the program, they needed to fund it. The House is now considering the budget and it could be awhile.

Thank you for all your calls and letters on SB1081 animal and ecological terrorism. It did make a huge difference. Unfortunately, the bill passed 31-27-2 ­ a close one. It would have failed had all the people who said they would vote no actually done so. The bill is now headed to the Governor’s desk. Please call and urge her to veto it. To reach the Governor, call 602-542-4331 or toll free 1-800-253-0883. To email her, either click on this link or cut and paste it into your server http://www.governor.state.az.us/post/feedback.htm

We question the need for the legislation as well as the potential unintended consequences. The Sierra Club has long condemned violence, including that done in the name of protecting the environment. There are ample conditions under current law to prosecute those engaged in illegal conduct, however. Both imprisonment and significant fines have been imposed. Not once did the prosecutors indicate that they needed this law to prosecute people. We have strong laws against damaging property, trespass, arson and specifically damaging agricultural or lab facilities. They include 11-1023 Unauthorized release of animals; classification; damages, 17-316 Interference with rights of hunters; violation; classification, and 3-114 Liability for unauthorized destruction of field crop product; damages; definition, among others.

PLEASE CALL OR EMAIL SENATORS THIS WEEK AND ASK THEM TO OPPOSE HCR2009 initiatives; filing date (Quelland, Biggs, C. Gray, et al). The vote is close on this one, which explains why they skipped it on Third Read on Thursday. It is not on the Monday calendar, but it could reappear at any time. I think calls are more effective than emails, so if possible, please take the time to telephone your senator. The bill refers to the ballot a measure which requires initiative signatures to be filed seven months before the general election ­ currently it is four months. This measure hurts grassroots organizations and further advantages wealthy interests relative to initiatives as the grassroots entities usually need the time to get the signatures, especially as they get more signatures from volunteer signature gatherers. They amended the bill on the floor that pushes back the time when you can begin collecting signatures to 27 months prior to the election. That is a ridiculous and meaningless amendment. Realistically, you do not want to file your petition until you actually know what passed in the previous election. This would further muck up the statutes and create a great deal of confusion on constitutional changes.

The proponents of the state trust land package were visible at the legislature this week. Led by utility executive Ed Fox, this group is trying to push through a 12-page constitutional amendment, an eight-page session law provision, and 100 pages of statutory changes. The proposal includes lands swaps — something that voters have rejected five times — the gutting of an important Supreme Court Decision for conservation (competition from conservation for grazing leases), and an outright giveaway of rights-of-way to entities like the Arizona Department of Transportation, plus the utilities get rights-of-way at below market rates. These same entities also have leverage over conservation lands. Power lines, roads, and other types of easements are still allowed on conservation lands. The proposal conserves a limited amount of land (3% plus or minus) with an opportunity to add about 370,000 acres at full cost.

PLEASE CALL THE GOVERNOR AND ASK HER NOT TO CALL A SPECIAL SESSION ON STATE TRUST LANDS, NOT TO SUPPORT THIS PROPOSED “REFORM”, AND TO INSTEAD WORK ON A PROPOSAL THAT SERVES CONSERVATION AND THE SCHOOLCHILDREN OF ARIZONA. We can do better — a reform package that provides funding for conservation of these lands should be considered. To reach the Governor, call 602-542-4331 or toll free 1-800-253-0883. To email her, either click on this link or cut and paste it into your server http://www.governor.state.az.us/post/feedback.htm PLEASE ALSO CALL YOUR LEGISLATORS AND ASK THEM TO OPPOSE THIS MEASURE. It could surface at any point and they are likely to ramrod it through without much debate and limited opportunity for review.

SB1085 solid waste fees (Allen, Blendu Huffman) was amended on the floor to include a one year sunset provision. This bill swipes half of the 25 cent per ton recycling tipping fee, but at least now it will not be a permanent shift of these dollars. HB2268 S/E solid waste program penalties (Huffman, Gullett, Hershberger, et al) removes the cap of $15,000 for civil penalties on a solid waste violation if there is imminent threat to public health or welfare or the environment. Apparently, they plan to use this bill for the provisions of SB1085 unless Sb1085 goes forward first. They will go with whichever bill they can get through.

Legislators and the governor’s office are still meeting on HB2549 S/E Healthy Forests and SB1212 S/E Healthy Forests, the logging subsidy bills, and HB2127 S/E Healthy Forests, the measure to promote Firewise communities. It sounds like the discussions are going well on limiting the tax breaks for logging, but it also appears that the ordinance language will be substantially limited. We are still asking that they support the following principles in the forest bills: Save the remaining old growth forests (only 5% is remaining in the southwest), protect the large, more fire resistant trees, target thinning efforts on small diameter trees (12” and smaller), and focus limited dollars on thinning and prescribed burns near communities at risk.

The Arizona Advocacy Network announces the 2004 Legislative Wrap-up Breakfast. Come and join fellow community members and leaders for the 2^nd Annual Legislative Wrap-up Breakfast.  We will take a look at what really happened at the legislature in 2004, how various organizations worked together to protect the future of Arizona, and how together we will make some changes in upcoming years! Event co-sponsors include the Arizona AFL-CIO, the Arizona Human Rights Fund, the Arizona League of Conservation Voters, Business and Professional Women, the Native American Community Organizing Project, Planned Parenthood of Central and Northern Arizona, Protecting Arizona’s Families Coalition and the Sierra Club, Grand Canyon Chapter. 

When:          Wednesday, May 19, 2004

                    Buffet breakfast at 8:30 am, Presentations begin at 9:00 am 

Where:         Wyndham Hotel

                    50 East Adams Street, Phoenix

Cost:            $20.00 in advance, $25.00 at the door (includes breakfast)

Presentations include: Chad Campbell, Arizona Advocacy Network Foundation
Measures we can expect to see on the ballot in 2004

Amy Kobeta, Planned Parenthood of Central and Northern Arizona
Women’s issues at the Capitol

Doug Kilgore, Arizona Education Association (invited)
Legislative education issues

Rebekah Friend, Arizona AFL-CIO
Labor issues impacting Arizona’s working families

Tim Schmaltz, Protecting Arizona’s Families Coalition
Winners and losers in this year’s budget

RSVP by May 12^th to Ben at bkearl@aznetwork.org/480.235.1069 or Chad at chad@azadvocacy.org/602.481.1966. 

Thanks again for all you do! To email senators go to http://www.azleg.state.az.us/MemberRoster.asp and for house members to http://www.azleg.state.az.us/MemberRoster.asp#house If you are not sure who your legislators are, please go to http://www.vote-smart.org/index.phtml or call the House or Senate information desks. If you're outside the Phoenix area, you can call your legislator's office toll free at 1-800-352-8404. In the Phoenix area call (602) 926-3559 (Senate) or (602) 926-4221 (House). Correspondence goes to 1700 W. Washington, Phoenix, AZ 85007-2890. For more information on legislation go to http://www.azleg.state.az.us/ .